Senate File 536 - Introduced SENATE FILE 536 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SF 399) A BILL FOR An Act relating to telepharmacy licensing requirements. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 2567SV (1) 88 pf/rh

S.F. 536 Section 1. Section 155A.13, subsection 3, Code 2019, is 1 amended to read as follows: 2 3. a. The board may issue a special or limited-use pharmacy 3 license based upon special conditions of use imposed pursuant 4 to rules adopted by the board for cases in which the board 5 determines that certain requirements may be waived. 6 b. The board shall adopt rules for the issuance of a special 7 or limited-use pharmacy license to a telepharmacy site. The 8 rules shall address: 9 (1) Requirements for establishment and operation of a 10 telepharmacy site, including but not limited to physical 11 requirements and required policies and procedures. 12 (2) Requirements for being a managing pharmacy. 13 (3) Requirements governing operating agreements between 14 telepharmacy sites and managing pharmacies. 15 (4) Training and experience required for certified pharmacy 16 technicians working at a telepharmacy site. 17 (5) Requirements for a pharmacist providing services to and 18 supervising a telepharmacy site. 19 (6) Any other health and safety concerns associated with a 20 telepharmacy site. 21 c. The board shall not issue a special or limited-use 22 pharmacy license to a proposed telepharmacy site if a licensed 23 pharmacy that dispenses prescription drugs to outpatients is 24 located within ten miles by the shortest driving distance of 25 the proposed telepharmacy site unless the proposed telepharmacy 26 site is located on property owned, operated, or leased 27 by the state or unless the proposed telepharmacy site is 28 located within a hospital campus and is limited to inpatient 29 dispensing. The mileage requirement does not apply to a 30 telepharmacy site that has been approved by the board and is 31 operating as a telepharmacy prior to July 1, 2016. 32 d. An applicant seeking a special or limited-use pharmacy 33 license for a proposed telepharmacy site that does not meet the 34 mileage requirement established in paragraph “c” and is not 35 -1- LSB 2567SV (1) 88 pf/rh 1/ 3

S.F. 536 statutorily exempt from the mileage requirement may apply to 1 the board for a waiver of the mileage requirement. A waiver 2 request shall only be granted if the applicant can demonstrate 3 to the board that the proposed telepharmacy site is located in 4 an area where there is limited access to pharmacy services and 5 can establish the existence of compelling circumstances that 6 justify waiving the mileage requirement. The board’s decision 7 to grant or deny a waiver request shall be a proposed decision 8 subject to mandatory review by the director of public health. 9 The director shall review a proposed decision and shall have 10 the power to approve, modify, or veto a proposed decision. The 11 director’s decision on a waiver request shall be considered 12 final agency action subject to judicial review under chapter 13 17A . 14 e. c. The board shall issue a special or limited-use 15 pharmacy license to a telepharmacy site that meets the minimum 16 requirements established by the board by rule. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill relates to licensing of a telepharmacy site. 21 The bill eliminates the prohibition in current law against 22 the issuance of a special or limited-use pharmacy license to 23 a telepharmacy site if a licensed pharmacy that dispenses 24 prescription drugs to outpatients is located within 10 25 miles of the proposed telepharmacy site, unless the proposed 26 telepharmacy site is located on property owned, operated, 27 or leased by the state or unless the proposed telepharmacy 28 site is located within a hospital campus and is limited to 29 inpatient dispensing. Current law also provides that the 30 mileage requirement does not apply to a telepharmacy site that 31 was approved and operating as a telepharmacy prior to July 1, 32 2016. The bill also eliminates a corresponding provision that 33 would allow an applicant that did not meet or was not otherwise 34 exempt from the mileage requirement to apply for a waiver of 35 -2- LSB 2567SV (1) 88 pf/rh 2/ 3

S.F. 536 the mileage requirement. 1 -3- LSB 2567SV (1) 88 pf/rh 3/ 3